1. Website general conditions of use

On accessing the Website, the User must take note of the following provisions applicable to each of the documents, information, data, and requirements found on it and which are owned and under the maintenance of iCognitus, Lda.

For the purposes of this document, the “Website” will comprise the “iCognitus” and/or “QuizOne” websites.

“iCognitus” is a website that provides information about the iCognitus’s activity, which can be accessed through the domain icognitus.com.

“QuizOne” is a web-based application, which can be accessed through the domain quiz.one, which, upon registration, provides assessment, recruitment, and event management content.

Also considered an integral part of the Website are the user interfaces, the programming code, and the database structure that enables it to function.

iCognitus, Lda. is a commercial limited company incorporated and existing under Portuguese law, having its registered office at the Universidade do Minho, Escola de Medicina – Campus de Gualtar, 4710-057 Braga, Portugal, with registration and VAT number 510822304 and a fully subscribed and paid-up share capital of EUR 4.000,00 (four thousand euros) (hereinafter “iCognitus”). iCognitus’ main activity is the creation and sale of software and solutions for application in education, assessment, recruitment, event management, and health services.

A “User” is considered to be any individual or institution that, in general, through the Website, visits the Content made available on the same or, by registering, makes use of its features. The Website allows the User to access a range of online information, which may include information related to certain products and services provided by the company. The Website contains text, photographs, graphics, logos, images, copyrighted works, and other types of information (the “Content” or “Contents”) and may give access to specific private software used in connection with the navigation and use of functions made available on the Website.

The access and use of the Website’s Features are subject to these General Conditions of Use as well as to any applicable national or community laws and regulations.

iCognitus recommends that the User carefully reads these Conditions of Use. If the User does not accept and agree to comply with each of these terms and conditions, he will not be authorised to access or otherwise use the Website, its Content, its Services, or the software included on it.

The access and use by the Website Users implies their acceptance and commitment to comply with each and every one of the terms and conditions set out below. If the Website is being used on behalf of someone else or on behalf of an institution, please confirm that the person being represented also agrees to the terms and conditions and undertakes to abide by them.

The present General Conditions of Use may be altered, modified, extended, or updated by iCognitus at any time and without prior notice. Any new products and services, Content, and software that are presented and/or made available on the Website will also be subject to these General Conditions of Use with effect from the date of their use.

We recommend that the User consults the Website periodically in order to keep up to date with any changes and updates.

The Website is not intended to be used by minors under eighteen (18) years of age and therefore no information resulting from the interaction of minors with the Website is intentionally collected. iCognitus is not responsible for the interaction or access to the Website Content by minors.

The Website may be terminated at any time, with iCognitus undertaking to notify in advance only those Organisers who have an active subscription.

1.1. Access to the Website

The access to some Website Contents may be conditioned to the prior registration of the User, as well as to the respective authentication, through identification and password. iCognitus will use its best efforts to keep the Website accessible. Nevertheless, iCognitus reserves the right to suspend, temporarily and without prior notice, access to the Website or to certain areas or features available on it, notably for maintenance reasons. iCognitus does not assume any responsibility for losses arising from any possible situations of impossibility, delay, suspension, or interruption of access to the Website due to technical failures or other reasons. iCognitus does not guarantee that access to the Website will not suffer interruptions or disruptions resulting from technical problems.

iCognitus reserves the right to complete, modify or delete Content from the Website.

1.2. Correct use of the Website

The User undertakes to make appropriate and lawful use of the Website as well as the Contents and services provided therein for lawful purposes or effects, in accordance with the legislation applicable at any given time. The User shall refrain from:

• make an unauthorised or fraudulent use of the Website and/or the Content for purposes or effects that are unlawful, harmful to the rights and interests of third parties, or that in any way may cause damage, disable, overload, deteriorate or impede the normal use of the services or of the documents, files and all types of Content stored in any computer equipment.

• access or attempt to access restricted features or areas of the Website without complying with the conditions required for such access.

• introducing or disseminating on the network programmes, viruses, macros, applets, ActiveX controls, or any other device that causes or is susceptible to causing any type of alteration to the Website’s computer systems or those of third parties.

• cause damage to the physical and logical systems of iCognitus, its associates, or third parties, introduce or disseminate on the network computer viruses or any other physical or logical systems that are susceptible to cause the aforementioned damage.

• reproduce or copy, distribute, allow public access through any means of public communication, transform, or modify the Content, except in cases where it has the authorisation from the rights holder or is legally permitted.

• suppress, conceal, or manipulate the notes on intellectual or industrial property rights and other identifying data on the rights of iCognitus or third parties incorporated in the Content, as well as technical protection devices or any information mechanisms that may be inserted in the Content.

• obtain and attempt to obtain the Contents, services, or products offered on the Website using means or procedures other than those that, depending on the case, has been made available to the user or have been expressly indicated on the Website or, in general, those that are commonly used on the Internet as they do not represent a risk of damage or disablement of the Website and/or its Contents.

The User guarantees that the activities carried out using or accessing the Website will in no case result in offence to the good name and commercial image of iCognitus or its clients, to other users of the Website, or third parties.

iCognitus reserves the right to remove all comments and Contents that cause disturbances to public order or safety or that, in its opinion, are not appropriate for publication. In any case, iCognitus shall not be held responsible for the comments and opinions of Users, as well as for Content unlawfully submitted by third parties on the Website.

In the event of non-compliance by the User with any of the stipulations of these General Conditions of Use, iCognitus reserves the right to interrupt momentarily or definitively the User’s access to the Website, or even to terminate the service provided.

1.3. Indemnity

The User undertakes to indemnify, exempt, and exonerate from responsibility iCognitus and its members of corporate bodies, legal representatives, employees and collaborators, agents, licensors, service providers, clients and Organisers, for any losses, liabilities, expenses, direct and indirect damages, costs – including reasonable lawyers’ fees and legal costs -, arising or resulting from the User’s use of the Website or any breach by the User of these General Conditions of Use.

If the User causes a technical alteration to the Website or to the systems that transmit the Website, either to itself or to other users, it undertakes to assume responsibility for any losses, liabilities, expenses, direct and indirect damages, costs – including reasonable lawyers’ fees and legal costs – arising or resulting from such alteration. iCognitus reserves the right to assume, at its own expense, the exclusive defence and control in any matter that might otherwise be subject to indemnity by the User, in which case the User agrees to cooperate with iCognitus in such defence.

1.4. Intellectual and industrial property and domain name

iCognitus is the owner of all Intellectual and Industrial Property rights of the Website and/or is duly authorised by the respective holders for the publication and dissemination of the Content.

QuizOne” is a national trademark registered at the Portuguese Institute of Industrial Property (INPI) with the number 568921, under the ownership of iCognitus.

iCognitus owns the domains icognitus.com and quiz.one. Any improper use without authorisation is an infringement of the rights conferred by its registration.

The navigation or acquisition of a product or service does not confer on the User any right of alteration, exploitation, reproduction, distribution, or public communication of the intellectual or industrial property of the products or services of iCognitus, nor of the Website Content. Nevertheless, the User may view the Contents of the Website and even print, copy, and store these elements on the hard disk of its own PC or on any other physical support as long as it is solely and exclusively for its own personal use.

Both iCognitus and the Website or its products or services, including but not exclusively QuizOne, may, as part of iCognitus’ development plan, be transferred to another company as a result of a sale, merger, reorganisation or dissolution, or any similar process.

1.5. Exclusion of guarantees and liabilities

Access to and use of the Website are the sole responsibility of the User.

iCognitus does not warrant or accept responsibility for damages, losses, claims, or costs of any nature arising from the following circumstances:

• interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages, or disconnections in the operation of the electronic system, motivated by deficiencies, overloads, and errors in the telecommunications lines and networks, or by any other cause beyond the control of iCognitus.

• illegitimate interferences through the use of malicious programmes of any type and by any means of communication, such as computer viruses or any others.

• misuse or inappropriate use of the Website.

• security or navigation errors produced by a malfunction of the browser or the use of non-updated versions of it.

• any damage that may be caused to the User’s equipment, whether owned by the User or by a third party.

• possible reparations for damages and losses of the User attributable to iCognitus, resulting from a fault directly attributable to it, shall correspond to the direct loss, with the express exclusion of indirect damages, emergent damages, or lost profits, and up to a maximum amount equal to the value of products and services requested and paid for.

1.6. Privacy Policy

The personal data provided by the User through interaction with the Website or in the use of its Features will be processed and stored informatically by iCognitus in the context of pre-contractual or contractual relations, including any situation arising from or related to the contractual or pre-contractual relationship, regardless of its nature.

iCognitus recommends that the Privacy Policy should be carefully read, which provides important information on how iCognitus handles the personal data provided to it, the security standards used for data protection and explains the rights that Data Subjects are entitled to.

2. QuizOne Particular Conditions of Use

An ” Organiser ” is considered to be any type of User who has an account with administrative privileges.

2.1. Application

These QuizOne Particular Conditions of Use apply exclusively to QuizOne and set forth its rules of operation concerning the QuizOne Features and the QuizOne External Features.

2.2. General Information

QuizOne is owned and is under the maintenance of iCognitus.

QuizOne is a web-based application, accessible through any browser through the domain quiz.one, as well as other subdomains, which are considered part of it. 

QuizOne allows the creation of exam-related material by the Organisers, as well as the registration, participation, and issuing of a certificate of participation in online exams. Furthermore, the Organisers will also be able to create and manage events. This set of features will be generically referred to as the “QuizOne Features”.

In addition to the QuizOne Features, other features are provided which depend on entities external to iCognitus, although they appear, from the point of view of the user interface, integrated (“QuizOne External Features”). These features are not considered QuizOne features and are partially or wholly dependent on entities external to iCognitus, regardless of whether or not these dependencies are explicit to the User, or the relationship established between iCognitus and the external entities concerned.

2.4. QuizOne features

“QuizOne Features” are features developed by iCognitus and included in QuizOne which are dependent solely upon QuizOne itself and/or the hosting services on which QuizOne is located. They differ from the QuizOne External Features as they do not have a single external entity responsible for their development and maintenance and may depend on the interaction and/or action of other agents external to iCognitus. For this reason, iCognitus shall not take responsibility for any possible losses that may arise from the non-operation of the same, for Users or for institutions that they represent. The availability of some QuizOne Features and QuizOne External Features depend on the Organiser subscribing to a monthly or annual Plan with an associated cost.  

2.4.1. QuizOne Registration

In order to use QuizOne, registration as an Organiser is required through the transmission of some personal data as well as other information. Or as a User, by filling in the registration form.

As an Organiser, it is possible to add Users to the application, as soon as it is ensured that:

1. You are legally authorized to use and disclose Users’ personal information when registering such Users via the Website.
2. You shall ensure that all Users have read and agree to be bound by these Terms prior to using the Website or any portion thereof.
3. You shall fully indemnify and hold Us harmless against any expenses, costs, loss (including consequential loss), or damage that We may suffer or incur as a result of or in connection with any action, claim, or allegation bought against Us by a User arising, whether directly or indirectly, from any of Your acts or omissions.

2.4.2. Access to QuizOne

Access to QuizOne is made through the recognition of the e-mail and password defined by the User. Only by accessing QuizOne is it possible to make use of it. QuizOne will provide an area in which the User can change their personal data.

2.4.3. Receiving e-mails

iCognitus, directly or through QuizOne, and the Organizers, directly or through QuizOne, will send e-mail messages to Users about QuizOne.

 2.4.3. Reports and supporting documents 

The Users’ data that interacts with the QuizOne Features may be used for the creation of statistical reports as well as proof of attendance and/or completion of exams and events.

2.4.4. Enrolment in events

The User can enrol in Events created by Organisers and start the enrolment payment process. It may be required to provide other information in addition to the Information collected during the Enrolment if defined by the Organiser. By completing the process, you are agreeing to share your personal details with the Organiser.

2.4.5. Cancellation of the enrolment in events

The User can cancel their enrolment in Events. If the User wishes to cancel their enrolment in an Event but this is not possible through QuizOne Events, it must contact the Organiser. If a refund of a previously paid enrolment fee is required, the Organiser should be contacted.

2.4.6. Other features

iCognitus is constantly developing new features for QuizOne. Therefore, QuizOne will make other features available, in addition to those described here, when the development team considers they are ready to be made available to the Users, for the positive impact they may have, even if they have not yet passed all stability tests.

iCognitus will try to signal these functionalities as being under development, whenever this is possible, without being obliged to do so, not being able to guarantee nor verify the functioning state of the same during all the time, the reason for which it cannot be considered responsible for possible damages that may arise from the non-working of the same, for the Users or for institutions that they represent.

2.5. QuizOne external features

“QuizOne External Features” are QuizOne features that depend, partially or wholly, on entities external to iCognitus, even though, from the user interface point of view, they are integrated into QuizOne, and there is at least one entity external to iCognitus responsible for their development or maintenance, thus depending on the interaction and/or action of other agents external to iCognitus.

iCognitus does not own the exclusive use rights to the external QuizOne Features, nor does its own directly or indirectly the external entities that manage them. Thus, iCognitus cannot guarantee nor always verify the functioning state of all External Features and therefore cannot be held responsible for any possible damages that may arise from the non-operation of the same, for Users or for institutions that they represent. Likewise, the proper functioning and integration of the QuizOne External Features depends on various configurations that are the responsibility of iCognitus, external entities, and also other intermediate agents, some of them unknown, so that any change in the services provided by any of these entities or agents, such changes that iCognitus can neither predict nor verify, could make the functioning of the QuizOne External Features impossible for an indefinite and non-measurable period of time.

If informed in advance of the unavailability of any QuizOne External Feature, iCognitus will seek to inform Users of this fact, being certain that this may not happen for the reasons already described in the previous paragraphs, nor incurring any liability of any kind if it does not do so, under the same terms.

2.5.1. Signing up and accessing QuizOne through a Google© Account

The Users can choose to sign up and access QuizOne using the same data they use to access Google©. To do so, QuizOne provides an interface that allows the user to authorize Google© to send certain data to QuizOne. The user data that Google© may, upon consent, transmit to QuizOne are: email address and public profile (name and profile picture).

2.5.2. Signing up and accessing QuizOne via Microsoft© Account

The Users can choose to sign up and access QuizOne using the same data they use to access Microsoft©. To do so, QuizOne provides an interface that allows the user to authorize Microsoft© to send certain data to QuizOne. The user data that Microsoft© may, upon consent, transmit to QuizOne are: email address and public profile (name and profile picture).

2.5.3. Use of external payment services 

The available payment methods may be some or all of the following, depending on the availability criteria of iCognitus or the Organiser: Payment Reference and PayPal Services.

Automatic refunds of payments already made are not possible, being the Organiser’s responsibility to proceed with the refund through its own means, in cases where this is justified. Payment validation through Bank Transfer methods can only be done using non-automatic methods and is the Organisers responsibility.

2.6. Cost of QuizOne

By paying a monthly or annual subscription, the Organiser has access to a specific set of features. To know more about the QuizOne Plans available for subscription contact support via the email address info@icognitus.com. The cost of QuizOne may be updated at any time without notice. For Organisers who have subscribed to an Annual Plan, the cost of QuizOne can only be changed one year after the last payment. Through the payment of subsequent subscriptions, the Organiser confirms that accepts the conditions which will then be proposed.

3. Responsible use policy

The User undertakes to use the Website in accordance with the described features and with the purpose of the same. Abusive use that jeopardises the security of the Website may lead to the blocking of a User’s access temporarily or permanently, without prior notice.

4. Communications

Any communication that the User wishes to make to iCognitus should be made in written form to the e-mail address info@icognitus.com or to the following address Universidade do Minho, Escola de Medicina – Campus de Gualtar, 4710-057 Braga, Portugal. 

The User expressly accepts the use of electronic mail as a valid procedure for the remittance of all communications related to the use of the Website, and/or the acquisition of products or services.

5. Applicable legislation

These Conditions of Use are governed by Portuguese law. Should any provision be held by a court of competent jurisdiction to be illegal or unenforceable, this shall not affect the validity and enforceability of the remaining provisions.

6. Dispute Resolution

If there is a claim or complaint about the Website Conditions of Use, please send a written communication to iCognitus, Escola de Medicina da Universidade do Minho – Campus de Gualtar, 4710-057 Braga, Portugal, or via the email address info@icognitus.com. iCognitus will reply as quickly as possible, offering a solution that will address the issue presented.

Any dispute or claim arising from or relating to these General Conditions of Use, or the use of the Website must be submitted to the competent judicial courts. The User may also appeal to the competent alternative dispute resolution entity. Without prejudice to the provisions of the law, statutes, or regulations that the alternative dispute resolution entities are bound by, the User may choose to use the European online dispute resolution platform, available at https://webgate.ec.europa.eu/odr, the alternative dispute resolution entity in their place of residence or the alternative dispute resolution entity with special competence.

7. Entry into force

These General Conditions of Use entered into force on 11 May 2016 and were revised on 28 March 2022.